HomeMy WebLinkAboutResolution No. R21-118RESOLUTION NO. R21-118
A RESOLUTION OF THE CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LAUREL AND LOCAL UNION LOCAL 303,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and the above Union have an existing contract in place ("CBA")
which includes a provision for newly hired employees to be paid $1.00 less per hour than his/her
classification grade for a twelve-month probation period; and
WHEREAS, the City recently hired an Animal and Parking Officer who will fill the position
beginning in November, 2021; and
WHEREAS, the successful candidate worked over 20 years for the City as a police officer and the
reduced salary during the probation period required by the CBA work -create a hardship for the employee
who will be taking a substantial less in salary for this position; and
WHEREAS, the Chief of Police and President of the Union have negotiated a Memorandum of
Agreement ("MOU") between the City and Union to allow the newly hired Animal and Parking Officer to
collect the full salary from his start date forward rather than the $1.00 per hour reduction as provided in the
CBA; and
WHEREAS, the parties specifically agree that the MOU is intended to apply to this employee and
this unique situation only and does not constitute an amendment of any kind to the CBA or a past or current
practice on either party's behalf.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The attached MOU between the City of Laurel and the Union is
hereby approved. In accordance with the terms of the agreement, such approval is retroactive to November
1, 2021 or the date the employee begins work.
Section 2: Execution. The Mayor and City Clerk -Treasurer are authorized to execute said
agreement on behalf of the City.
Introduced at a regular meeting of the City Council on November 9, 2021, by Council Member
Klose.
.. PASSED and APPROVED by the City Council of the City of Laurel this 91h day of November 2021.
APPROVED by the Mayor this 9`h day of November 2021.
CITYnOF LAUREL
Mayor
ATTEST
Bethany Lane,er - surer, Clerk -Treasurer
R21-118 Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
Approved as to form:
Sam Painter, Ci City Atto
trney
R21-118 Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
MEMORANDUM OF UNDERSTANDING
The City and Union enter into a Memorandum of Understanding ("MOU") for the limited
purpose of a one-time agreement to waive a provision of the CBA that requires a newly hired
employee to be paid $1.00 less than the negotiated base rate for the City's one-year probation
period specifically Section 5 of Addendum B of the CBA.
WHEREAS, the Parties, City and Union, have negotiated an existing contract (CBA) that
provides a reduced base wage for new hires; and
WHEREAS, the Parties negotiated the reinstatement of a previous position known as the
Animal Control/Parking/Code Enforcement Officer Position into the CBA; and
WHEREAS, the City selected a qualified applicant for the position who is currently a
member of the union and a long time City employee; and
WHEREAS, the selected employee has worked for the City, successfully, for over twenty
years and the $1.00 reduction in salary for a year would constitute a hardship for the employee
since the position's base salary is substantially less than the current position the employee is
leaving to accept the new position; and
WHEREAS, both Parties have considered the issue and have determined it is in both their
best interests to enter into this MOU for the purpose of memorializing a one-time waiver of a
provision of the CBA as provided herein.
BASED on the recitals, the City and Union agree as follows:
1. The Parties intend this MOU as a one-time agreement and have no intention to
permanently amend or modify the existing MOU.
2. The Parties agree that for the employee hired as the Animal Control/Parking/Code
Enforcement Officer Position, Section 5 of Addendum B of the CBA, is hereby waived. The
employee will be paid 100% of the base wage provided in the CBA rather than the $1.00 less as
provided therein. The Probation Period contained in the CBA remains unchanged and
applicable.
3. The Parties acknowledge and agree that the waiver provided herein constitutes a one-
time agreement and shall have no further force and effect on any other part of provision of the
existing CBA and shall not constitute an intended or enforceable past practice on either Party's
behalf.
4. The Parties agree that they are not altering, changing or modifying the existing CBA
in any manner, and that all provisions of the CBA shall remain in full force and effect
notwithstanding the existence of this MOU.
Dated thisday of 2021
Authorized City Signature/City Mayor
Dated this 10 day of '2021
"J-Awc.r�l
'-U'nilon President
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